A Cleveland Lawyer in Lahore, Pakistan

When the invitation arrived to speak at a forensic DNA conference in Lahore, Pakistan, my first reaction was to politely decline. There is no way I am going to that part of the world and risk an abduction or worst. An American lawyer in an Islamic country, caught between two major conflicts - Afghanistan on one side, and India on the other - surely would be fair game for an extremist faction seeking retribution. On the other hand, advancing age had not quenched my thirst for travel cultivated in the late 60's and 70's, when backpacking in a strange third world country was second nature.

So, against the protestations of my mother in law, I accepted the challenge. “Don’t worry”, I told her. I will be in the hands of distinguished academics, hosted in an exclusive guest house secured with guards armed with AK47's. And I will have a personal driver to chauffeur me around.

The brochure announced “Programme of A Mini-Workshop on DNA for Justice” sponsored by the Centre for Excellence in Molecular Biology of the University of the Punjab. My connection was Dr. Mohammad Tahir, the DNA expert in the Sheppard wrongful imprisonment case who now runs a DNA lab in Indianapolis, and serves as consultant to the Cuyahoga County Coroner’s Office. Through a grant from the National Academy of Science, he has been working with Pakistani scientists to develop a DNA program for that country. The lab in Lahore was already set up for forensic analysis, but the program needed to be sold to the law enforcement and legal community and incorporated into the criminal justice system. That’s where I came in along with a prosecutor from Indianapolis, Lisa Borges, to demonstrate how DNA is utilized in U.S. Courts.

It has taken years to incorporate DNA technology into our system. How would it be possible accomplish such a feat in a country only independent for 60 years, run by a general who came to power through a military coup, systematic corruption on all levels, and a history of viewing Sharia, the law of Islam, as more palatable then secular legal traditions emanating from British colonial rule? Add a culture rooted in tribal traditions and aspirations to become another modern Asian power and you have a quite brew of paradoxical forces.

I left Cleveland the morning of December 12 and arrived at the Islamabad airport at 2:00AM on December 14. Dr. Tahir and the driver from the Centre met us and we then drove another five hours to Lahore. I was numb from little sleep, an overdose of melatonin, and a stomach ready to explode from a breakfast of airline curry.

Arriving in Lahore during the morning rush hour, one notices a blanket of fog and pollution hovering over the City. Motorcycles, taxis, rickshaws, ornamented trucks painted with gaudy colors, donkey carts and bicycles zip in and out of imaginary traffic lanes. I cover my eyes while awaiting the inevitable collision which we luckily avoid. Settling into the guest house, I take note of the bilingual staff, and eventually learn that most people speak English as well as Urdu, an ancient language similar to arabic.

I now have four days to absorb this country, and prepare my talk to a couple hundred police chiefs, law professors, judges, lawyers - and the Chief Justice of the Pakistani Supreme Court. I think about my approach to this audience. Should I play it straight, or try to lighten them up with little humor? I defer such questions in favor of some sightseeing.

Lahore is the center of culture in Pakistan and far from the hostilities of western border with Afghanistan. Its located in the Punjab region which includes parts of India and shares many cultural similarities. When the land was partitioned into the two countries in 1947, Pakistan absorbed the Muslims; India the Hindus. Thus the long term conflict including at least one war. But that’s another story. The city is divided into the old walled city and the modern part, a contrast that is striking. The narrow alleys of the old city, teeming with markets, food stalls, ancient mosques, wandering sheep and old men smoking hookahs is a familiar Middle East/Asian scene. What I was not prepared for were the Sony stores, cell phone outlets, McDonalds (McKofka),Gaps, and other western influences competing with the sounds of mullahs announcing the daily prayers; and women wearing designer jeans, high heels, and traditional head coverings.

One night I was invited to dinner at the home of Tahir Mahmoud, the brother of Professor Tayyab Mahmoud, who taught International Law at Cleveland Marshall and who now is on the faculty of the University of Seattle Law School. Tayyab grew up in Lahore and hooked me up with his brother, a retired government employee. Tahir is an articulate secular man who loathes the current state of affairs in Pakistan - skeptical of the U.S. role in the region, yet alarmed at the growing influence of fundamental Islam.

He lives with his divorced daughter and her 2 year old son in an affluent neighborhood in a life of leisure. He plays golf daily at an exclusive country club, and is assisted by a staff of servants - a full time cook, a driver, a housekeeper and nanny for the grandchild. Not bad for a 60 year old man on a government pension. But as I later discovered, such a lifestyle is not uncommon in Pakistan society, where poverty co- exists with affluence, and the old cast system is still quite prevalent. For better or for worst, the reality is many villagers see a servant’s job as an escape from a difficult existence.

The morning of the seminar, I woke up with a severe head cold, an inevitable consequence of jet lag and other unknown contaminants. Dr. Tahir took me to a local pharmacy where no prescriptions are required. I felt like a kid in a candy store, buying cough syrup, tylenol with codeine, and assorted other aids to get me through the day - all for a total of about 2 dollars. The Centre for Excellence in Molecular Biology is on a beautifully landscaped campus and housed in a modern building. We arrived in time for a lunch of spicy chicken Biryiani - just what I needed in view of my deteriorating health.

But if one does not partake, it is a sign of disrespect, so I grabbed a piece of “chapati” flat bread and began scooping up the fiery blend and pretending to enjoy it. Interesting to see dignitaries eating with their hands, but it actually makes more sense than forks, a recent but useless invention.

The seminar was announced with an Islamic prayer, along with lengthy introductions and accolades for the American lecturers who were so gracious to come from such great distance to impart their wisdom. While this is going on, I’m getting nervous about pulling off a powerpoint presentation which I had never done before. It came together, but I decided against obligatory humor; no need to offend anyone. I spoke of how our criminal justice system works: a short course on reasonable doubt, the adversary system, the role of cross examination, and how to qualify or impeach an expert. I explained how prosecutors and defense lawyers present and then impeach each other’s argument, how to view DNA evidence as not necessarily a panacea in solving crimes, but as one more tool in the overall presentation of evidence. We spent time on lab protocols, accreditation, qualifications of analysts, and the role of judges as gatekeepers.

What they seemed to respond to most was the use of DNA to free the innocent and those wrongfully imprisoned based on flawed eyewitnesses and prosecutorial misconduct. The audience perked up when I spoke about the Sheppard murder case. Quite a few knew of the TV show “The Fugitive” having lived and studied in Europe and the U.S. The questions were on a high order and ignited a debate over the flaws in the Pakistani justice system. I was shocked to hear that the conviction rate is less than ten percent because of the problem of getting witnesses to show up in court for fear of reprisals.

Many see DNA as a way of overcoming obstacles and achieve more accountability. After the seminar, there was more food and drink, group photographs, requests for email addresses, all in the midst of an atmosphere of eagerness to bring about a modern, fair, and responsible legal system. Whether that can be accomplished, remains to be seen. But I was uplifted by people who seemed smart, inquisitive, and willing to put themselves on the line to fight forces of corruption and ignorance, and to seek justice in the face of daunting odds in a troubled region.

The trip went fast. Before long I was back on the long flight home. Being one of a handful of westerners on the plane, I sensed that despite our influence on the world - mostly through economic and military strength - we are but a small fraction of what makes up this planet. I was in a city of seven million people, and felt almost irrelevant. The Pakistani people have lived a certain way for generations, and they will evolve and change in accordance with their own belief system.

I was happy to add a tiny bit of knowledge to their evolution. But I also realized that we, as Americans, need to respect their way of life while helping such countries with our special talents and resources. But we can no longer afford to be arrogant, exploitive, and view ourselves as superior. We have already seen the consequences of that, and it’s not a pretty picture.

From Cool Cleveland reader Terry H. Gilbert tgilbert4ATadelphia.net
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